Winter has arrived a lot earlier than usual. Unfortunately this means that more people will suffer accidents due to the bad weather. If you have an injury claim due to snow or ice then whether you can bring a compensation claim depends on who is to blame for such an accident.
Councils do not have an absolute duty to make sure that roads and paths are to be kept free from ice. Courts are also concerned not to readily find Councils to be at fault due to the fear of opening the floodgates.
If, for example, somebody is involved in a road traffic accident where they have skidded on black ice, then the Courts will be slow to find for them where they are of the view that the local authorities are only as good as the weather information given to them and also, that they have to prioritise primary routes over secondary routes once gritting has started.
Also, if a claim is advanced for somebody slipping in the street, Courts are likely to take the view that the Council simply cannot keep every pavement free from ice and, once more, have to prioritise busier routes first which essentially means, as it did last winter, that some streets are never gritted due to continuous heavy snowfall and freezing conditions.
If however, you have had an accident at work slipping on ice then you are likely to have a good claim against your employer for failing to grit the workplace. Similarly if you are a passenger in a vehicle or if someone crashes into your car having skidded on ice then you are likely to have a good claim against the driver for compensation arising out of their negligence.
If you have been involved in an accident due to the bad weather then please call on 0800 389 1978 or submit details of the claim on our claim form and one of our injury specialist solicitors will be in touch to give you full advice.